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NY J86441

July 10, 2003

CLA-2-38:RR:NC:2:238 J86441


TARIFF NO.: 3808.90.7000

Mr. George Zaharatos
Marubeni America Corporation
450 Lexington Avenue
New York, NY 10017-3984

RE: The tariff classification of Ionpure IPL from Japan

Dear Mr. Zaharatos:

In your letter dated June 19, 2003, you requested a tariff classification ruling.

The subject product, Ionpure IPL, consists of a soluble-type glass, in the form of a fine powder, containing (by weight) 1.4-2.2% elemental silver (from silver-magnesium-aluminum-phosphate-borate complex) as the active ingredient. According to the MSDS sheets, Ionpure IPL is indicated for use as a “[P]reservative.” The product’s anti-microbial property is stated to be based on the ability of the glass powder to retain silver as ions, gradually releasing them (i.e., the silver ions) when the powder comes into contact with water or moisture. You state that Ionpure IPL has both domestic and industrial applications, and can be applied as a coating or used as a dipping solution for various synthetic resins and fibers. For example, it can be applied, among other things, to kitchenware (e.g., bowls, chopping boards), appliances (e.g., dishwashers) automobile parts (e.g., steering wheels), fibers, building materials (e.g., wallpaper) and medical items (e.g., gauze masks).

The applicable subheading for the subject product will be 3808.90.7000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Insecticides, , disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Other: Other: Containing an inorganic substance.” The rate of duty will be 5 percent ad valorem.

This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the U.S. Environmental Protection Agency, Office of Pesticide Programs. You may contact them at 401 M Street, S.W., Washington, DC 20460, telephone number (703) 305-7092.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Harvey Kuperstein at 646-733-3033.


Robert B. Swierupski

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